BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140005265 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add:

* Bronze Star Medal (BSM)
* Air Medal (AM)
* Combat Infantryman Badge (CIB)
* Army Commendation Medal (ARCOM)

2.  He states the medals that were awarded to him during his tour in Vietnam were not added to his DD Form 214 at discharge.  

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* certificate and citation for the BSM
* certificate and citation for the AM
* certificate for the ARCOM

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  He enlisted in the Regular Army on 23 September 1969.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The DA Form 20 shows:

* he served in Vietnam from April 1970 to March 1971
* he was assigned to 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile) during his tour in Vietnam
* he received all “excellent” ratings in conduct and efficiency 

4.  The applicant's record contains the following orders:

* Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 166, dated 15 June 1970, awarded him the CIB
* Headquarters, 1st Cavalry Division (Airmobile), General Orders (GO) Number 4852, dated 6 March 1971, awarded him the BSM
* Headquarters, 1st Cavalry Division (Airmobile), GO Number 4894, dated 
6 March 1971, awarded him the ARCOM

5.  His record is void of orders awarding him the AM and a review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the AM.   

6.  The applicant was honorably released from active duty on 29 March 1971.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), and Republic of Vietnam (RVN) Campaign Medal with Device (1960).

7.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  He has no record of nonjudicial punishment (NJP) or court-martial conviction.  

8.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 5th Cavalry received the following unit awards during the applicant's period of service in Vietnam:

* Valorous Unit Award (VUA) by DAGO Number 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 42, dated 1972

10.  Department of the Army Pamphlet 672-3 also lists the campaign periods for the Vietnam era.  Three designated campaigns coincide with the applicant's period of service. 

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a.  A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  

	b.  The AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the CIB.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  General orders awarded him the BSM and ARCOM.  As such, these awards should be added to his DD Form 214. 

3.  The applicant did not provide and his record does not contain official orders showing he was awarded the AM.  The certificate and citation he provided are not sufficient evidence to add this award to his DD Form 214. 

4.  The evidence of record confirms he served honorably during the period 
23 September 1969 through 29 March 1971.  He received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

5.  His unit was awarded the VUA and RVN Gallantry Cross with Palm Unit Citation during his tour in Vietnam.  He is entitled to have these unit awards added to his DD Form 214. 

6.  The applicant was awarded the VSM.  His records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to add three bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x______  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding him the AGCM (1st Award) for the period 29 September 1969 through 29 March 1971;

b.  deleting the VSM from his DD Form 214; and 

c.  adding the following to his DD Form 214:

* BSM
* ARCOM
* CIB
* AGCM (1st Award)
* VUA
* RVN Gallantry Cross with Palm Unit Citation 
* VSM with three bronze service stars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the AM.  



      _________x______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140005265



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ABCMR Record of Proceedings (cont)                                         AR20140005265



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